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Appeal court strikes out PDP case against President-elect Tinubu and his running mate, Shettima

The Court of Appeal, Abuja, Friday evening, dismissed an appeal by Peoples Democratic Party (PDP), seeking the disqualification of Bola Tinubu, the presidential candidate of the All Progressives Congress (APC), and his deputy, Kassim Shettima, in the 25 February election.

A three-member panel headed by Justice James Abundaga, in a unanimous judgment, held that the PDP failed to establish that it had a legal basis (locus standi) to institute the case.

Recall that the Federal High Court sitting in Abuja per Honourable Justice Ekwo Inyang on the 13th of January, 2023 dismissed a suit filed by Peoples’ Democratic Party, against the All-Progressives Congress & Senator Bola Ahmed Tinubu in FHC/ABJ/CS/1734/2022 on the grounds of double nominations.

It argued that Mr Shettima’s nomination as the running mate was in breach of the provisions of Sections 29(1), 33, 35 and 84{1)}(2)} of the Electoral Act, 2022 (as amended), claiming that Mr Shettima had double nominations.
It claimed that as of the time Mr Shettima was nominated as a vice presidential candidate, he had not resigned nor withdrawn his nomination as candidate for the Borno Central senatorial poll.

The case was struck out then by the federal high court, Abuja, citing the lack of legal basis by the PDP to have instituted the charges. The PDP pressed on and filed the case with the appeal court seeking legal redress.

The judge further awarded five million naira cost against the appellant’s lawyer, J. O. Olotu and the Judgement of Ekwo J of the Federal High Court Abuja is hereby affirmed.

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